Two Sussex Police Officers Dismissed Over Use Of Force Against Care Home Resident

Two Sussex Police officers have been dismissed without notice after being found guilty of gross misconduct over the use of force against a 92-year-old care home resident.

PC Stephen Smith, 52, and PC Rachel Comotto, 37, were found to have breached professional standards following a hearing which began on 28 September and concluded today (6 October).

The officers were called to a dementia care home in St Leonards on 21 June 2022, after reports that a resident had a knife and was threatening staff.

They used a Taser, PAVA spray, handcuffs and a baton against resident Donald Burgess.

Mr Burgess was taken to hospital and died three weeks later, although evidence did not indicate that the officers' actions caused or contributed to his death.

The misconduct hearing found both officers had used excessive and inappropriate force, while PC Comotto was also found to have posted an inappropriate comment about the incident on Facebook.

Both were found to have breached standards covering authority, respect and courtesy, use of force and discreditable conduct.

They have been added to the College of Policing's Barred List, meaning they cannot work in policing again.

Sussex Police's Deputy Chief Constable Paul Court said the force used against Mr Burgess was "excessive, unnecessary" and did not reflect the standards expected of officers.

He apologised to Mr Burgess' family and said officers must use force reasonably, necessarily and proportionately, particularly when dealing with vulnerable people.

Last year, PC Smith was acquitted by a jury of two counts of assault occasioning actual bodily harm, while PC Comotto was acquitted of one count of ABH at Southwark Crown Court.

The criminal investigation and subsequent misconduct proceedings followed an investigation by the Independent Office for Police Conduct.